How Do I Change My Parenting Plan?

The one constant in the world is that things change. Whether it be a new job, a new home, or a new medical diagnosis, these changes can have a huge effect on your ability to follow your parenting plan. You may be wondering whether you are even able to change your parenting plan, sometimes called an Allocation Judgment, and what you need to do to make that change happen. Below, we provide key insights into the process of changing your parenting plan and what the law requires before a parenting plan can be changed.

Understanding Parenting Plans

In Illinois, a parenting plan will contain provisions regarding parenting time, parental-decision making, and how to handle vacations and holidays. These agreements, once entered by a Judge, are legally binding with the force of any other court order.

Typically, parenting plans in Illinois have a Dispute Resolution clause which will dictate what happens if parents disagree over the interpretation of a provision. This clause will also likely apply if you want to request a modification of the parenting plan due to a change that makes following the original terms non-viable. The steps outlined in the dispute resolution clause usually must be followed before you petition the court for a modification of your parenting plan. Here are some common processes that many parenting plans require before resorting to court involvement:

• Contacting the other parent in writing to discuss the proposed change or dispute;
• Mediation;
• Consulting a Parenting Coach; and
• Consulting a Parenting Coordinator.

These methods of dispute resolution give the parties the opportunity to agree on proposed changes to the parenting plan. If you can agree to the change, you simply memorialize the change in writing and submit it to the court for entry as a proposed agreed order. Once entered, the parenting plan will be formally modified.

If you have tried the methods above for dispute resolution and have not come to an agreement to modify the parenting plan, the next step is to petition the court to make the change for you. This will involve filing a Petition to Modify the Parenting Plan, going to Hearing, and getting the Judge’s ruling on the requested change.

Legal Standard for Changing a Parenting Plan

The Illinois Marriage and Dissolution of Marriage Act covers parenting plans and when they can be modified. The law differentiates the requirements based on what you are seeking to modify: parenting time or parental decision-making responsibilities.

If you are trying to change the parental decision-making responsibilities, you have to wait two years to petition the court unless you can show that there is reason to believe the child’s present environment may endanger seriously his or her mental, moral, or physical health or significantly impair the child’s emotional development. To get a modification after the initial two-year period, you must show that a substantial change has occurred in the circumstances of the child or of either parent and that a modification is necessary to serve the child’s best interests.

Trying to change parenting time is a bit more straightforward. Parenting time may be modified at any time, without a showing of serious endangerment, upon a showing of changed circumstances that necessitates modification to serve the best interests of the child. There are many scenarios that could meet this standard. For example, if you were working a job that required you to be at work at 4:00am, your current parenting plan probably will not allow you to have overnight parenting time on days you have to be up for work. However, if you recently switched to a more common 9:00am-5:00pm schedule, that would likely be enough evidence to show changed circumstances that may allow you to increase your overnight parenting time (assuming the judge agrees that more overnight parenting time with you is in the best interests of the child).

Once you file your petition to modify your parenting plan, you will have to appear in court for a hearing. You will present evidence that supports your position, and the other parent will do the same. After hearing the evidence, the Judge will rule on your motion. Per Illinois law, Judges are required to rule based on the best interests of the child.

Legal Assistance for your Parenting Plan Modification

Motions to modify parenting plans and parental allocation judgments are our bread and butter at O. Long Law, LLC. We have extensive experience helping clients negotiate, and if necessary, litigate, modifications to their parenting plans. If you have concerns about your parenting plan or need legal assistance resolving a parenting plan dispute, contact us today. Our knowledgeable attorneys are here to help ensure that your parenting plan works in the best interests of both you and your child.